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Suspended jail term for DH caught selling fake Nike shoes

13 August 2018

Foreign domestic helpers who sell goods on the side, especially if they are fake, should beware because what they are doing violate their visa conditions.

A Filipina who sold fake Nike shoes on her day off to augment her income learned her lesson the hard way, when she was meted a jail sentence of six weeks, suspended for a year, after she admitted her offense.

Geraldine Hurboda, a 36-year-old domestic worker, pleaded guilty before Magistrate Peter Law in Eastern Court to charges of “possession for sale or any purpose of trade of goods to which a fake trademark was applied” and “breach of condition of stay”.

The prosecution said Hurboda was arrested on Dec 3 last year by a Customs officer posing as a civilian while selling eight pairs of fake Nike shoes to fellow Filipinos near St Joseph’s Church on Garden Road, Central.

The charge read to the defendant said the officer watched for a few minutes as Hurboda laid her merchandise on the pavement for likely buyers to inspect before arresting her.

The prosecutor said Hurboda, who came to Hong Kong on Jul 23, 2016 to work as a domestic helper for a family on Caine Road, Mid-Levels, had a clear record. She had lost her job since her arrest.

Her counsel from the Duty Lawyer Service said in mitigation that Hurboda had admitted her offenses at the earliest instance, adding that she committed them because she wanted to send more money to her ailing mother.

The lawyer read a letter from Hurboda which said she was remorseful and was hoping to get another job in Hong Kong. Her former employer also sent a letter attesting to her good character.

Law imposed a two-week sentence on Hurboda for selling fake goods and six weeks for breaching her condition of stay. Both sentences are to be served concurrently but suspended for 12 months.

“The nature of your breach of condition of stay is different from the nature of other breach of condition cases I’ve heard. Those cases involved people who are not allowed to work at all in Hong Kong. In your case, you were working in Hong Kong when you breached your condition of stay,” Law told Hurboda. – Vir B. Lumicao